Arkansas democratic banner. [volume], June 03, 1851, Image 1

About Arkansas democratic banner. [volume] (Little Rock [Ark.]) 1851-1852

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Heiraten tii HÄLFTE kdtstijtitjitsjonttth Leim Ittelisititiiki,«s?sittåiidit, Zagt-semian Gemme-tust Xmelllttttcthchc
Vol. VIII.
LITTLE ROCK, TUESDAY MORNING, JUNE 3, 1851
No. 39.
fllK ARKANSAS BANNER
IS l*t HI.ItHKD KVEHV TCKSUAl.
I, t >IRF.RT A. \\ IIITKL.KT, Publisher.
F
TERMS.
<>pr, one year, ..*- .
For
foi
1
Ihrrr copiei, Oil*' year, to one addresa, . 7 00
Si' copies, one year, to one addr<-**, . . 11 «•,
ten copies, one year, to one address, . . »<) 00
T!,e name of no person will be entered u|rin
. unions payment be made an m/rwnce, or
imed by aoroe responsible person in tins oily.
Ii.nanl subscribers may forward us monerby
r, at our expense, and at our risk, provided j
pVitrnastei's receipt be taken and preserved '
our protection.
V„ deviation from the above tenna. I
inducements for clubs.
The sacOeaa that has attended oar receuleffort*.
I the interest taken m the Bssssa by nSauy of
u petrous, have induced us to offer, fof-lhe p.ur
of effecting the formation of clubs, the follow
ing li»t of _
Any peraon forwarding to ua to i dollars in curreul
funds, for Four new suhweribara. will receive a
y of out poper for one year, <<fot it.
any one forwarding twenty dollar* in current
funds, we will send ten copies of the Hzsne* for
„„ many uew subscribers, and one copy of Court's
1. tin a Book orGRAHRft** Maq»I1.*i fov one year.
T„ any one forwarding thirty dolisrs in current
fond*, we will tnSJiflftn cople* of the Haise*
for as many new *ub*criber*. and one copy of the
United .Slate* Magatine an.) Democratic Review
for one year
T ny oua sending o* the l»rge*t number (oyer
liileen) of new *uh«cribers, accompanied with
Hie advance payment, at the last mentioned rate*,
we will *end one copy of the, Spirit of the Time*,
ill three steel engraving*, and one copy of
wsawA'a VVniTitfitM fur Otlft V^.lT
Blackwood’* Mngazine fur one y*nr.
Jj* Kemittaiice* in»y lie made at our rut. and re
eeipis will be promptly returned. Ill making such
remittances, the /'oil .Waller's rrrript should be ob
tained for ear protection.
Ad ver lifting*
each additional )
nquare, ) $-4
<« «« 8
ItnlfN for Year I >
For 10 lines, or le**,j
3 months,S $1*
6 •• 10
.. 13 <• 15
til standing advertisement* will be charged at the
ilrst mentioned rates, unless a contract be made
w hen left for insertion; and must be paid for in ad
vance.
Noperson will be aunouneed for any office,either
ty, Stale, or county, without tli- advance pay
ment of five dollar*.
Political circulars will be charged as advertise
ments, and payment required in advance.
No job will hereafter be delivered to any person
with Whom we have no regular dealings, until paid
for.
All advertisement* must be marked with the num
ber of Insertions desired, otherwise they xvill he
continued until forbid, and charged accordingly
ry-Yearly, half-yearly and quarterly advertisers
will be confined to' their (eyi/imu/e business All
advertisement* of * difierent kind, or for other per
•on* will be charged for at tho usnsl rate*.
All letters must be pott-paid, or they will not re
ceive any attention.
IT Positively no variation will be made from the
above regulations _
JOB PRINTING.
I lie proprietor of the Arkansas Banner, re
■ectfully informs the public, that he is prepared to
v-cute every description of Jo* \Vo*K, with ueat
M*S and dispatch, and at as loic rates as any office
a the State—such as
lleoks, Pamphlets, llnnd Bills, steamboat
Hills, Poster*, Hill* of Lading, Bill
Heads, Horse Bills, Labels,
Cards, Receipt*, Ac.
Also constantly on hand. Blank Xolcs,
( I. rk*s, sheriff’s, Justice’s and Constable’s
Blanks of every kind, Blank Deeds of con
vex utter, fcc, which will be sold cheap for
Cash or city acceptance, and will be sent
by mail to any part of the Stale, if required.
Donation Lands.
For tale at this office, Listg of the forfeited lands
ub|ect to donation by the Bute, to actual settlers
t 75 cent* per copy, or #6 per dozen Postage to
ay part of the country, 7J4 cent*.
Agency for the Akranaa* Banner.
Mr Wm. E. Bn a vine i* adthoriied to act as
..'ml for the /tanner, at LostCreek, Saline county.
j- Mr. Georox Boon* is authorized to act as
K it for the llanner, at Pine Bluff, Ark.
lr K. W. Carr, General Agent, Kvan*’ Build
js, North-west corner Third and Wainotatreol*.
sOelphia, U authorized lo act as Agent for “the
frxxN*** /tanner.’’
J. J Smirlrv, E»q., No. 26 Camp Street. New
‘rifan, is our exclusive Agent to procure and col
t name* for advertising, Sic., in that city.
ARKANSAS RIVER BACKET.
The Light Draught Steamer
SAINT FRANCIS,
JAMES MORRISON, Means,
Having been thoroughly repaired and inspected; j
is i'suined her station in the River, and will con
tinue to run to aud fnovi
Aiciinm, Little Hock, Van Burm un i Fieri Smith,
i'hiig to Fort Gibson as often as the water will
• nn.’. Shippers aud travelers may depend on,
' at for care, speed and accommodation.
Agents!
J "ii:a 1 lmnK.iti>, Esq., Napoleon.
!'■ D. Mkrrh k & Co.. Little Rock.
Hiasrtt A VVjti.ros, Fort Smith.
'•lay «0, 1851. 37
Proclamation of the Governor.
\\
ID,REAS, An act of the General Assembly
Sute u! Arkansas entitled, “An net
i’ tor holding an election of one Represen
■ 'the Congress of the Cm ted States, and to
1 ■ tae time of holding other elections/' ap
" ’ January Uth, 1851, provide* that, on tin
>1 «lay Hi August, eighteen hundred aud fifty
re shall bean election opened and held in
•■rnslup in the several counties m this State
■ le.-ti,,a ,,f one member of the House of Rep
“ J!,»e* ot t!ie thirty-second Congress of the
"' ■'te.', aud that .-aid election shall be ojien
• an 1 'ii all respects conducted as the law ,
• for holding and conducting general clec
• an ; whereas, by section one of an act enti
An act to repeal the ballot, and revive the
■I rarr system ,,f voting,’’ approved November
' s', it is provided, “That the mode of vot
s 'Uexal and other elections authorised
iv Constitution and laws of this State, shall
ei and tfaat so much of chapter Sixty one
ihgejit ot the Statute* of Arkansas, underthe
election^” as applies exclusively to the
tru nte ot voting be and the same m hereby
N
* • n r, fore I, John -Selden Roane, Governor
VJ ! "t Arkansas, do hereby make known
■ ■ i.iie e with law, an election will be
• ' .e first Monday in August, 1851, (being
• -..I ,i -,iui month; at each and every
",ll‘V geueral elections in ull of the
' 'uutn s of this State, (or one member
I ' "I Representatives ol the thiity sc
■"<;C s ot the United .States, and the Sheriffs
M ,4‘ counties e>f tins State are hereby re
vive due notice of the election aforesaid,
aine to be opened, held and
* ‘fdanee with law; and the Slier -
■j ■' ’ ot Chic-a, Desha, Arkansas,
. .vifh,ey# liradley, Calhoun, ilatniv
i . w liicb counties i (impose the see.
II ‘ ot ol the Stale oi Arkansas, art
i cause to U: held in their r.»
1 u the same day as that for li> p
■ .eetion tor a judge of Mid Circu.t,
uih v caused by the resignation «.i
build.
Du.i, It ‘r juhjv o. ti
U*: Wui. ,*SS5*' SrnttarM «f State.
In testimony whereof, 1 have here
unto set my hand and caused th
seal of the State of Arkansas to be al
bwd in the city of Lillie Hock, Ai
Kansas, this d’d day of May *.o. 185;
< oernor JOHN >s ,JOANt
3«-tde.
I' II E BANNER
I,A MHKIi r J. RKAKItOM, / ..
t t utik'ii «. ft tc ti i Ki/1 ft>t' l.wtr"ft»
TT BSD A Y >IOUM\U, JIM.3, 1851.
To Hnbicrikfri.
We hope that wher vvr any irregularity may be
line or i* rod in the receipt of the Hanntr, our sub
•criber* will do ua the favor to give information of
the fact, in order that the cauae may be |S^*r^aln*d
and removed.
0 rLord Custiemaine has so nt forty of the poorer
class of the tenantry on his estates in Westmeath,
Ireland, to the United States, at his own expense.
IT/* A.* extra session of the Michigan Legislature
is called for the 9thof June next.
Nomination.
The whigs of the second district of Kentucky
have nominated Presley Ewing, E< j., for Congress.
Major Ward is the whig candidate in the 4th dis
trict. The democrats of the 3d district of Indiana
have nominated the Hon. John L. Bobinson for
re-clection.
I.AMHKIt r J. KKAHItOV, /
hi '111Kit I A. Will rKLKV. )
Kin i
LITTLE ROCK
Reasonable.
Am old soldier was court martiallcd for drunk
enness, an! tlie culprit was called, upon for liS
defence. It was very short, simple, and success
ful: “Does the court think that Uncle Sam
hires nil the cardinal virtues for seven dollars a
month.”
Mrlaoelioly Intelligence from the Mines.
SntTUviLiJC, Ark., April 21, 1851.
Meter*. Rsmltni if Wbilelrf:
Dev* Friunii*—Below you will sec a true copy
of a letter received by Saturday night's mail, from
K. W. Eilis, to Mr. C. C. Ktraiighn, of this place.
K. W. Rllis with some ten or Iwclve other men,
left this place about one year ago, for the Eldora
do across the plains, this letter is painful and mel
ancholy in the extreme, and with the approbation
of Mr. Ot C. Straughn, I have sent it to you for
publication. Your old friend,
tiurk R. Joses.
AdVt Fam Mixes; Can., Feb. 10th, 1851.
Dicta Strscuiix:—1 promised in the letters which
I wrote to you >tid Clark at Los Angelos, that 1
would write again as soon as 1 become settled at
the mines. Jack (J. W. Anderson,) and myself in
company with two others, started from Los Angelos
on the 14th December, if 1 mistake not; and ar
arrived at the San Joaquine, on the 23d of the same
month; at the point where we struck the river,
there was a ferry and'a store House, kept by two
Americans, one from Mississippi, ami the other from
Tennnessec. We were received by these gentle
men with considerable manifestation of kindness,
they gave us dinner and supper, and invited us to
stay all night, of course as we were very much
fatigued, we accepted {he kind invitation, and
spent quite a pleasant night. Early next morning
a merchant from the diggings on that stream came
down, he was encamped 12 miles above us im
mediately in the mountains, and three miles below
the diggins. From all the information we could ob
tain from him, respecting the different southern
mines, we were induced to go up with him and
try our luck for awhile, at the first mines we came
to. \V’e arrived at the camp, in the mountains,
about sunset on Christmas Err.
Mr. Alsberry, the owner of the camp, told us if
we would light and stay all night with him, In
would go with us to tliediggiiLs next morning, and
help us to select a spot, on which to pitch our tent,
and go to work, that he would let us have any
amount of provisions we wished, and a full set of
tools as cheap as we could get them any where in
the mines; such offers appeared so full of kind
ness to us, who were entire strangers, that we did
not hesitatc’to except them. There were two other
emigrants who bat just arrived at Allsburg a few
days before us, they like ourselves were broken
down from the fatigues of the trip, aud were anx
ious to put a period to their journey. Allsburg had
a large cloth tent, with a chimney at one end,
mado of sticks and dirt, and funneled out with
old barrels, one upon another; a large blazing fire
had been made by an Indian sonant, and
around this fire were seen seated on boxes, kegs,
logs of wood and such other things us were most
conveniently come at, all the inmates of this little
encampment, which consisted only of nine in num
ber. As six of ns were new coiners, of course the
prioe of picks, crow bars, rakes, pans, and grub
bing boes, and ull such Hungs as pertain to mining
were the subject of conversation for some twolur
three hours, then the different prospects of the dif
ferent niiucs in the different parts of the country,
were taken up and discussed at large, at last the
coiupaiiy began to sjieak seatteruigly of matters
and things in general, and finally tapered off into
tales aud anecdotes, some talked more aud some
less, but all continued until each succeeded in
raising aloud and lively laughter; suffice it to say
the night passed off very pleasantly, and we eu
enjoyed ourselves much better than any one could
have supposed among entire strangers, we were in
fine health and the host of spirits, at the very
thought of being at the end of our journey, of being
at the mines where we would be able to go to dig
mne si tigs of gold, was if itself enough to make us
cheerful and happy. We had met with friends
among those strangers, who seemed disposed to
do all in their power to advance our interest and
our wishes, we had already contracted with them
for provisions and tools; we were within three
miles of the place, and several ol'th m had voluu
teeied to go with ns and spend the next day in
helping us to find a rich spot, in a word all things
seemed suddenly to conspire in propicious signs of
our good luck and prosperity, but as far spent as
.the night was before r-, retire* 1 to sleep, we were
up hr.ght and * ir'.v re; it mom ig, and 1 am sure
no Christmas K .v brought for , * more brilliant
and besu.iful murmur than .1 a>—tie; sky looked
as blue as indigo, and not a t-jbd bespeeto.l it*
>• b« i : ■ *v /' inb fresh
from the we ten of the Pacific, gently kissed the
trees around us ami the birds s mg the songs ul
opting, whilst the piles of snow that lay embanked
upon the lofty tops of the .Stent Nevada in ihe
< asi, glittered in the beams of the rising sun—then
there was poetry in the appearance of the huge
rocks and cliffs that hung nbout the tree* of »ur
rounding mountain*, and there was music in the
round of this ripple* that munuered over the peb
i
bles of the beautiful Kanjudquin. everything upon
which we could cast our eye*, iccrat’tl to hare put
on, for a season, a face of love joy and beauty, but
nits how subject to mutation are the brightest
prospects of our lives, and how frail are the hopes
of us poor worm*of the duet—in the midst of all
these joys, these hopes—those charming; lovely
beauties, those bright and Hatter rag prospects; in
the twinkling of an eye, we were surrounded b>
one hundred and fifty Indians, all armed with bows
and arrows, they approached us in the garb of
friendship, and were intermixed with our party,
w lieu they made th i attack. Mr. J. W. Anderson,
and a young man by the name of Wilson from
Wisconsin, and myself were out doors standing by
a fixe when they came up, they were so numer
ous, ami so well armed that 1 had concluded to
walk into the tent and ask the ptsp’ietor of what
tribe they were, and w hat their intention was in
coming down in such a large body; 1 had uot been
in a minute, before l heard the Indians raise the
hideous yell; instantly Jack ran in with au arrow
in his arm between the shoulders and elbow, and
one sticking in his back, he drew them out as he
entered the tent, and matched up his gun; imme
diately behind him Wilson rushed in with six a;
tows pierced through hi* body, and exclaimed, they
' have killed me, and droped dead upon the floor.
We hud but three guns including my own and one
of ouf men in the hurry to gut his gun, knocked
mine down, mid broke off the lock and left us but
two with which to defend our lives, there we were
shut up in a tittle cloth tent, surrounded by a hun
dred and fifty Indians, who were pouring in their
arrows thick as hail on every side, indeed they
shot through our little tent till it became perfect!)
light with holes, and the floor at our feet was
literally covered with sped! arrows. For the space
of fifteen or twenty minutes, not one of us thought
for a moment of ever seeing home again, we looked
each other in the face, as if tie- last minute of time
had come with us ail, we felt two awful and sol
emn to speak but every countenance loudly told
that each breast was filled with despair; indeed
when one would speak he could scarcely be heard,
for the ravenous savages kept up such a continual
yelling, that every hill from top to top was filled
with wild and hideous reverberations, the Indians
grew fiercer and fiercer, until they began to tear
our tent. At that moment we saw that it would not
da to stand still any longer, that the scene must
now be brought to a close some way or other. We
resolved therefore to rush out into their midst with
our guns, crow bars and sabers, and show a dispo
sition to sell them our lives as dear as possible,
thinking that we might perhaps by such despera
tes, frighten them off, till we could crow the river
and make our escap1’. To oar great gratification
when wc rushed out they scattered in every direc
tion, but they showed no disp ,‘dtion to give up the
fight, they only ran off to get behind the rocks and
trees to protect themselves from our shots, they
| continued shooting their arrows at us, but were
too far off to do any damage, we made out at last
I to cross the river, and while they were robbing the
tent we retreated in quick order. Only one of the
party was killed, three were wounded; Jack was
bad off for ten or fifteen days, but is now entirely
well. We leftl hat river in a few days after the fight
and come to this place, about twenty men who
had claims in the mines, still remained on the
Snnjoaquim, we heard from them two weeks ago,
they had another fight with the radians, and got
two of their men killed, and several others badly
wuundedi they were compelled finally to do as we
did, take to their heels to save their scalps. This is
all painful news, but the worst is yet untold,
when Mr. Anderson and myself started from Los
1 Angelos Dr. Balfour and his mess to!*l me they
would be on in eight or ten days; last Sunday we
received intelligence from them for the first time.
Tuey were attacked in camp at a place called foul
Creeks, about the middle of last month, by 250 oi
300 Indians. Cooper, Smith and .Alexander Neal,
were killed. Frank Iraboden had one of his arms
so shattered that it had to be amputated near the
shoulder. The man who brought this news went tc
Four Creeks in company with a scouting party and
helped to bury the dead, he became acquainted
with Smith and Neal at Los Angelos, and recog
nized their bodies, some others were killed but
they were strangers to our informant, lie saw Im
bodeu and Balfour at a ranch, on the .Sanjoaqiiim,
they told him the names of the others that weri
killed, but he does not now remember them; wt
we are in painful anxiety to know if any other oi
! Balfour's party is killed. I will write again as soor
as 1 learn the full account of the terrible affair
The Indians have declared open war against all
the whites, they say they intend to fight us as long
as our faces are white, that those mountain!
rightfully belong to them, and they will nevei
give them up.
I’.S.—Nathaniel McCarrol was also killed a
Four Creeks. I forgot to tell you that Jack and
myself lost all our animals, baggage and blanket!
except the clothes we carried off on our backs.
It. W. ELLIS.
Fire in the Rear; Or Bill June* among tin
Girl*.
The following story, contributed by a country
friend, to the N O. *• Delta,” is too good to b«
lost, “though (says the Della) its racinesa may not
accord with the exalted taxlcsof the Miss Nanny
i: is, who dress the legs of t hi ir tables in frilled pan
toletts, and faint over a nude cherub.”;
Old Squire Parish was an hospital old soul.—
Every Friday evening it was the delight of thf
girls of the Academy, and the boys of the School:
and College, to go out to old Squire Parish’s farm
, about six miles from town, and stroll in the woods
bathe in the creek, search the orchard and the her
j m-sts. and turn everything about the premises up
| side down. And old Squire Parish w ould sit in hi;
chimney corner, pipe in mouth, and tell them.sto
ruts about the first settlement of the country, anc
! how “Old Hickory” whipped the Indians—forth*
old Squire had been in J.vkson's anny—and neve
let 'In boys off without at least om story a Lou
the “old niau." as the S jutr.- delighted to call tin
(lent rsl. ■* * * ■ * * 4
One Saturday, about the middle of tire afternoon
tiiii Jonets, —a wild, harutn scarum young fellow
of some sixteen winters—rode up Ui the Sqwrfe'i
i door, ami hailed the house. 11 is summons w a,
answered by that black young rascal Josh, wh<
told Jones t hat the boys were gone sq uirrei h uutiug
“but you better believe. Mots Bill,” continue*
; Juab, “that the gals is carrying ou high. Why, Mas
Bill, you can hear 'em squealing clear) up here.'
Jones soon learned that the girls hod goue to thel
usual bathing place, which was at tbe Itait of i
high precipice, and only approached on that »id<
by a aolitaiy foot-path, which was guarded bi
“Dinah.” On the other aide of the creek lay i
broad (and bank, so that no one could approach i
without being seen. J ones had been to the
Squire's house «o oftfn that ho knew all his atones
“ by heart," ami it whs almost impossible to find
the hoys in the woods, *i> he determined to have
some fun out of the girls. Atioiit a quarter of a
mile up the creek lived “ Old Aunt Judy,” and
there Jones and his attendant, Josh, immediately j
proeeediVl. While Josh went to the old woman and
for a fo'pence purchased the largest gourd in her
possession, Jones slipped behind the garden and
threw o!f his clothes, then cutting off enough of
the handle end of the gourd to admit his head, and
making *wo holes for his eyes,he slipped it on his
head and jumped inlo tie- stream. So soon a* the j
gourd reached the [mini above the bathing place, it |
commenced dealing towards the shore until wilhm .
a few yards of the bathers, when it drifted agains*
n limb which overhung the stream. and lodged.—
If Jones had looked through loopholes, (he swears ,
he didn't) he would have seen a sight that would 1
have made the gourd itself blush. On one rock
were three or four swimmers, alternately squatting j
down and rising up on their heels, and imitating j
the cry of the bull frog, and when one would say .
"chug''’ they would all plunge into the water,
frog fashion. At another j)!ar e they w. striving
lo.dnck each other; while a tlfird pariy was lea I
ing by force, into the water, a coy damsel, who had !
been to modest too undress before so many folks, j.
But Jones’s gourd did not long remain unuotic. il
in the water, and the damsel who espied it ailed
up to it, seised it, and with slight resistance it
cameojT; and t inclosed the curly head of Hili Jones!
Miss Betsy screamed and 11,11 Jones yelled! Miss
Betsy and the other bathers rushed up the bank,
and Jones, in his fright and confusion, follow -d
them. Here the girls turned on hun, seized him,
and threw bun on his face, twined bis arms around
a sapling, and having bound his hands with a ’ker
chief, Joues lay defenceless in the power of bis cap
tors. The girls now leisurely dress.• 1 thems dves,
and then each provided herself with a trim birch or
willow r >d. and, without further ceremony, began
applying t hem to the baek, sides, and leg - of poor
Jones. Jones twisted, and Jones writhed; he drew
himself up, and he spread himself out; he,begged
and he prayed. Butin vain. HiS raptors wire insen
sible to pity, until their arms were fatigued, and 1
their rods frayed into ribbons. Alas, fur poor
Jones; lie was not yet to escape. Ills tormentors
provided themselves with fresh instruments, and
stationed themselves in a row along the footpath
from Jones's tree to the water’s-edge, and, on the !
rock from which he was t > plunge, was posted a
stout country lass, whose strength he had often ;
tried in a wrestle, and whose endurance he had !
often tested in a "bran-dance.” At last he was j
released, and told that he was to run the gauntlet. I
He could not but comply. Straightening himself,
up, and drawing a long breath, he started at full
speed, as he thought! but, at every step, something
touched him that accelerated his motions, and. at
he was about to take the last, final leap, such a
blow fell upon his rear, that the sparks flew out j
of his eyes, and he bounded half arross the stream
atone leap. Tins rock has been known as ••Jones's
Leap ’ ever since.
Without stopping to see any more of his fair
friencs, Jones hastened to Aunt Judy's cottage, j
dressed himself, gave Josh a thorough kicking,
borrowed a sheep-skill from Aunt Judy, mounted 1
his horse and rode slowly back into tovvri. And, t
from that day to this, Bill Jones has never shown
Ins face, nor any otV-r part of him, iu go cl old
Squire Parish’s house, northe stream that runs by j
its door. _ “ME .VTItKRII M.”
KBIFCtKY HESIILUrniXS (IF 179S.
The Original Draught Prepared by
Tli a nil < JeHVriou.
77c following It siln ‘ a :.< /uxirl tin* //km* vj Rep
re* |(7 (ire's of K‘I1 'h " :y, Nir nh"t* 10//;, : 7 *'. 1
On the rustic of th. l»i Recoin! >.v, mi- tli»
scntimcnt ; i}J, Ilk, >Li, d (A, 1th, Mh, tW3tli»- ,
sentients ; 9(A (Are* disoentents.
I. Resoled, Thai the several States composing
the United States of America, are not uni tea on 1
the principle of unlimited submission to tlu\r!
General Government; but that, by compact, under ,
the style and title of a Constitution for the United
States, and of amendments thereto, they constituted
a General Government for special p irpnos, dele
gated to the G ivernm-nt certain definite p overs,
reserving, each State to itself, the residuary mass
of right to their own self-government and that, ;
whensoever the General Government assumes un- |
delegated powers, its acts are unauthorative, void, i
and of no force ; that to this compact ea h State
acceded as a State, and os an integral party ; that ‘
the Government, created by this compact, was not:
made the exclusive or final judge of the extent of'
the powers delegated to itself j since that would!
have made its discretion, and not the the Constitu-.
tion, the measure of its powers ; but that, as in !
all other cases of compact, arneng parties having j
no common judge, EACH PARTY- HAS AN
EQUAL KIGHtl TO JUDGE FOR ITSELF, As
WELL OF INFRACTION’S AS OF THE MODE
AND MEASURE OF REDRESS.
II. Resolved, That the Constitution of the
United States have delegated to Congrexs apawer
to punish treason, counterfeiting the securities and
current com of the l uited States, pi races and
fellouies committed on the high seas, and ol
feuces against the laws of nations, and no other
crimes whatever, it being true, as a gen* ral prin
ciple, aud one of tin nmeiidincmls to the U insti
tution, nor prohibited by it to the States, are te
served to the States respectively, or to the People,"
therefore, also, the same Act of Congress, passed
on the 14th. day of July, 17US, and entitled “ An
Act in addition to the Act entitled an Act lor the
punishment of certain crimes against the United
States,” as, also, the Act passed by them on the
‘J7tli day of June, 179S, entitled" An Act to'pun
ish frauds committed on Die Hank of tlie l uited
states (and all other of their acts which assume
to create, define, or punish crime other than those
enumerated in the Constitution)art ultogetkcr rp»(
nnil of hi force, and that the power to create,
define, and-punish such other crimes, is reserved,
and of right appertains solely ami exclusively, to
the respective States, each within its own terri
tory.
ill. H-wlvcd, That it is tree, as a general prm
ciple, and is also expressly declared by one of
the amendments to the Constitution, that ** the
powers nut delegated to the United States by the
Constitution, nor prohibited by ilto the States, are
reserved to the States respectively, or to the Peo
ple ;" and that no power over the freedom of re
ligion, freedom of speech, or freedom of the press,
being delegated to the United States, alt lawful
po.. i re.pi ting the same did of right remain,
and were reserved to the States or to the People ;
that thus was manifested their determination tore
taiti to themselves the ngtlt of judging how far the
lieeiHioit-ie ss of speech and of the press t .ay be
abridged with ml t< -oming their us* fill fruxluifi,
and how far those abuses should b. tolerated,
rather limit the use be destroyed; and tuns, also,
lie') guarded against alt abridgment, by the United
States, of the freedom of religions principled and
exercises, and retained to themselves the right of
protect n» ipP fame, as this, stated by a law passed
on the general demand of its cit.zens, had already
protected them from all human restraint or inter
t Mice : and, that, in addition to this general and
express t! i iaraiton, an liter aud more special pro
Vision has be* u mad* by uiiu of luc aiimuJuaiuix to
t *,e Cousti! ;*E . which expressly d* uie* that
1‘ougress shall make op law respecting an estab
. bshiii nt ot religion, or*, pruiubituig the lice ex* r
i r ise ihi-r*•**/, or abridging the- free him or xp-eech,
i of the press," thereby guarding, m lie* .-ame sen
tence, and under the same words, the treedom of
I religion, of speech, and of the press, insomuch,
; that whatever violates either, throws down the
sanctuary winch cover the others , and that libels.
* falsehood, and defamation, equally with heresy
i and false religion, are withheld irom the cogm
’ in nee of Federal tribunals. That therefore the
Act of the Congress of the United States, passed
, on the 14th day of July, 17W, entitled “An Act
: in addition to the Act entitled an Act for tin' pun
khmcat of ffiWII arainvt tlw (!mted
States." which- • the Cm ' 'in ->1 "
press, is not law, but is altogether vo.d and of no
effect.
IV'. K'vlrfl. That ali> n friends are under the
jurisdiction and protection of the laus of the
Slates win-rein they are, that no power over them
has he*n delegated to th» 1’mted States, nor pro
hibited to the individual States distinct fam their
power over citizens ; and it being true as a general
principle, ami mo- of the amendments to the Con
stitution having aiso declared that “the powers
not delegated "to the l’niter! States hy the Constitu
tion nor p Inbitedbv it to the States, are'reserved
to the States re*pecliviey,or to the People," the Act
ot Uie Congress of the Cm led Status, passed the
”?d day of June, 179“, entitled “An Act con
cerning Aliens,” which assumes power over alien
friends, not delegated by the Constitution, u not
law. but is nltoefWhcr void and of ao firce.
V. Rrsoter.l, That in addition to t e general
principle, as well as the express declaration that
powers not delegated are reserved, another and
more spe uni piovision inserted in the Constitution,
from abundant caution, has declared that “the
migration or importation of such persons as any of
the State* now existing shall think proper to ad
mit, shall not bo prohibited by the Con.resa prior
to the year IiVih.” That this Commonwealth does
admit the migration of alien Inends described as
the subject of the said At t concerning Aliens,
that a provision against prohibiting t heir migration,
is a provision against a'l acts equivalent thereto,
or it would be nugatory ; that to remove them,
when migrated, is equivalent to a prohibition of
"Uieir migration, and is, therefore, -contrary to the
saul provision of tin Constitution, and tuul.
VI. Hcji'iirc/, That, the iinpri-onuien'. ot a per
son under the protection of the laws of this Com
monwealth, on lus failure to obey the simple order
of the President to depart ou' of the t lilted Stales,
as is undertaken by the sard Act, entitled “An
Act coiieernnii' Aliens,” is e notary to the Consti
tution, one amendment m wine h has provided that
“no persons shall be deprived of liberty without
due process of law,” and that anoPher having pro
vided that, “hi all criminal prosecutions, the ac
cused shall enjoy the right to public trial, by an
impartial jury, to be informed as to the nStaio ami
cause of the accusation, to be confronted with the
witue -es against him, to have compulsory process
f ir' obtaining witnesses in his favor, and to have
assistance of counsel for his defence,” the same
Act undertaking to authorize the President to re
move a person out of the Cm ted States who is
under the protection of the law, on his own suspi
cion, without jury, without public trial, without
confrontation of the witnesses against him, with
out counsel, is contrary to these provisions, a,so,
of the Constitution—is, therefore not law, but ut
terly void and of no force.
That transferring the [mjwit of judging any per
son who is under the protection of the laws, from
the i >urts -o the President ot the Cnited States,
as is undertaken by the same Act concerning
Aliens, is against the Article of the Constitution
which provides that “ the Judicial powers of the
t ruled State* shall be vested in the courts', the
judges of which shall hold their office during good
behaviour,” and the said Act is Void for that rea
son also; and it is further to be noted, that tin*
transfer of judiciary power is to that magistrate ol
the General Governnent who already possesses «U
the Kxecutive, ami a qualified negative iji all the
VII. Nrsshetl, That the construction applied by
the General government i,as is evinced ’ v sundry
of their proceedings) to those parts of i. Consti
tution of the United States which delegate to Con
gress power to lav and collect lutes, to pay the
debts and provide for the common defence and
general welfare of the l niled Stales, and to waive
ail laws which shall be necessary and proper for
carrying into execution the pmo rs vesieJ by the
Constitution in the Governm-m'. of the t:r»ited
States, or any department thereof, goes to the
destruction of all the (hints prescribed to ttwur
power by the Constitution: That words meant by
that instrument to be subsidiary only to tic* exe
cution of the limiter! powers, ought not to be so
construed as themselves to give unlimited powers,
nor a purl so to be taken as to destroy the whole
rc-idtie of the instrument: That the p'oceoduigs
orlhe Genera! Government, under color of those
articles, will be a fit and necessary subject for
revival and correction at a time of greater tranquility
while those ape dried in the preceding i ■solutions
cal! for immediate retires*.
VIII. Kin'rr 7, That the preceding resolutions
Ik' transmitted to the Senators and Representatives
in Congress fiyin this Comm mwealth, who are
i iijouied to present the same to th' ir respective
Hon . and to u their best endeavors to procure,
at the next session of Congress, a repeal of the
at iressoj urt" institutional and obuoxtous Act.
IX. RtolerJ, lastly, That the Governor of this
Commonwealth be, and is hereby, authorized and
requested to communicate the preceding resolutions
to th" l.egis ittir -s >f the several States, to assure
th in that this Commonwealth considers union for
special n it mna! par poses, and particularly for those
specified in their late federal compact, to be fneu 1!y
to the p ace, happiness, and prosperity, of ail the
States; that, faithful to thatcouipucL according to
the plain tub ut and in nun,’ m w'bieh it was
understood and accede! to by the several parties,
it is sincerely anxious lot ii ? preservation.- that it
does als > bcliev. . that, to lak-- from the -States all
the p iwtrs of .seit government, and transfer them
to a general and eousolidati l government, without
regatd to the special delegations and reservations
soltnnly agreed to in that compact, is not for the
p -ace, happiness, or prosperity, of these .States;
au l that, therefore, this Commonwealth is deter
mine 1, as it doubts not its cu-Statcs are, not tamely
tosubmit to undelegated and consequently unlimit
ed powers, in no man or body of men ou earth: that it
t e,- Acts before specified should stand, these cou
elusi ms would flow from them—that the G neral
Government may place any act they think propel
on the list of crimes, and punish it themselves,
whether enumerated or not enumerated by the
Constitution as cognizable by them; that they may
transfer its cognizance to the President or any
other.person, who may hiuiself be the accuser,
counsel, judge, and jury, whose suspu ions may by
the .evidence, Kis order sentence, his officer the
executioner, and fas breast th-; so! record of the
transaction; that a very numerous and valuable
description of the inhabitants of these States, being
by tins precedent, uSluced as outlaws to the ab
solute dom.ii.on of one man, and the barriers of tin
Constitution thus swept from us all, no rampar;
now remains against the passions and the powers
of a majority of Congress, to protect from a like
exportation or other grievous punishment the min
ority ol the same body, the Legislatures, Judges,
Governors, and Counsellors of the States, nor their
other peaceable inhabitants, who may venture l<
reeja.m the constitutional rights and liberties »t
the States and Ib-ople or w ho, fur other cautn.s,
gou t or bad, mav be obnoxious to the view, in
iilstk-. l by the suxpu . is of th f’r ideut, oi b
bethought dangerous to his or their elections ot
Other interests, public ot personal; iliat the friend
lev- Alien has been Selected »:■ the salts* subject
of a first experiment; but the cuuen will s»n fol
low, or, rather, has already followed, for already
has a Sedition Act marked him as a prey that thes,
and mi ret <ii e acts of the same character, unless
,t.-rated on the thief droid, may tend to drive them
S'a to* into revolution and blood, and will furmsli
nw <a- iinii.o against Hepublican Governments,
and pew pr-, xts bit those.w
tint! •» 1 I UU e b . - ■ - neg , .■ - vj. f
that it would be a dangerous delusion were aeon
fide-ac.- m the man of our choice to scenes out
tears for the safety ot our right*; that coabdeuce u
everywhere the puier.i ofi«.spou»in—free govern
went is founded in jealousy, and not in confidence:
it is jealousy and not confidence, which prescribe
limited Constitutions to bind down those whom w<
are obliged to tlus: with power; thatour Const iu
lion hat, accordingly, fixed the limits to win, h,
and no farther, our confidence may go: and let ttu
honest advocate of confidence read the Alien ant
Sedition Act, and 'ay if the Constitution h.xs ao
been wan* in fixing limits to the Government it
created, ami whether we should be wise m destroy- j
in# those limit* ’ I-ct him say what live Govern
ment is, if it he not a tyranny, which the wen v,f
mir choice hare conferred on the President and the
President of oar 'Choice has assented to and ae
cepted, over the friendly at ra inter* [to whom the
mild spirit of <>tir country and its lavrip hadjpledjred
bdapitslity and pr.lection; that the men of eat
choice hare more r> spec ted the bare suspicions of
the President than the aolid right* of innorenee,
the claims of justification, the sacred force of truth
and the firms aud substance of Its and justice.
In questions of power, then, let no mor-' be said of
rontidenee in man, bnt bind him down from mis
chief. by the chains of the t 'institution. That
I this Commonwealth dm* therefore e«M on its co
| State* for an expression of their sentiments on the
i Acts eoneerninc Aliens and for the punishment of
certain rriftes herem before specified—plamty
declaring whether the Acts are or are not author
ued i>y the Federal Compact. And it doubt* if
that their sense witl he announced as to prove tfA
, attachment to limited government, whether ar
eral or partieular, and that the rights and litre?
of their Co-States will be exposed to no da nr*
remaining embarked on a common bottom
their own; but they will concur with this *
monwealth in considering the said Acts as *
: pabiy against the Constitution as to amours
uiiilistiuisetl declaration that the compact
meant to lie the measure of the powers
Genera! Government, but that it will pr
the esnreise, over these States, of all po*
soever. That tliey view this as seisin;’
of the Stales, .itid consolidating them i
of i!ie General Government, wilh t
s timed to.bind the Stales, (not m
made federal, but mall eases whatsis
made, not with their consent, bnt hv .
their consent: that this would be to •
form of government we have chosen, r
one deriving its powers from its own »
our authority; and that the co States,
their natural rights in cases not made
: concur in declaring these acts am
and will each unite with this Common
requesting their repeal at the next sessto
cress.
Kumomi Bnuaot, 8.
Jons Corra* 1.1., .S. A. i
Passed tin- House of Representatives, Nov
10, 1798.
Attest, Tiros. Toon, C. H.
Is Sksatk, Novemlicr IJ, 1VJ*—I'nanimn
concurred in.
Attest; ' B. Tie amis, C. 8.
Approved, November 19th, 1798.
James IIara aria,
Governor of Kentucky.
By the Governor:
lima* Toe urns.
Secretary of State.
An ole! an much rsspectcd member of one of
the most influential religious congregations of tins
city, yesterdy handed us the following significant
item:
Mr. Wesley, in a letter to one of his preachers,
says :—“ Scream no more, at peril the of your soul,
; God warns you by me, whom he has set over you,
Sp.-ak as earnest as you can ; but do not stream.
Speak with all yo.tr hear^ but with a moderate
voice."
Virginia Resolutions of 179S
Drum up by Jumrs Mi hum, in lAc Virgin'-a House
of Delegates; Friday, December 21, 1798.
R.tolval, That the General Assembly of Virginia
unequivocally express a firm resolution t<> main
lam and d.fend the Constitution ot the United
States, against every aggression, either foreign or
domestic; and that they will support the Govern
merit of the United States m all measures war. an
ted by the former.
Thai tins Assembly most solemnly declares a
warm attachment to tic Union of the States to
maintain which, it pledges its powers; and that, for
' this end, it is their duty to watch over and oppose
every infraction of those principles which consti
tute the only basis o! the Union—because a faith
ful observance of them can alone secure its exis
lance and the public happiness.
That this Assembly doth explicitly and peremp
! tonly declare, that it views the powers of the Fed
‘ eral Goveruinent ax rtsultmg from th ■ Compact to
which the States are parties, as limited by plain
sense an<l intention of the instrument constituting
that compact, as no farther validt then they ar
' authorized by the grants enumerated tn that com
pact; and that in ease of a •ietiberate, palpable,
aud dangerous vercise of other power* not granted
by the said compact, the Slates who are parties
i thereto have the right, and are in duty bound, to
interpose, for arresting the pr igress of the evil, aud
for maintaining, within their respective limits, the
authorities, nglitx, and liberties appertaining to
them.
That the Great Assembly doth flan express its
deep regret that a spirit hies, ni sundry instances
been manifested, by the Federal Government, to
enlarge us pjweis, by forced constructions of the
constitutional character winch defines them; and
that indications have appeared of a design to ex
, pound certain gcucral phrases, (which, having
been copied from the very limited grant of powers
' in the firmer articles of Confederation, were the
less liable to be misconstrued, 1 so as to destroy the
meaning and effect of the particular enumeration
which ueci ssarily explains aud limits the general
phrases, an I so as Vo consolidate the States, by
degrees, into on - Sovereignty—the pbvious li nden
cy and inevitable result of which would be to
transform the present Republican System of the
l 'ruled States into an absolute, or at best, a mixed
Monarchy.
That lie General Assembly doth particularly
protest against the palpabh and alarming infrac
tions of the Constitution, in the two late eases ol
the •• Alien aud Sedition Ails,” passed at the iafit
session of Cougiess; the first of which exercises a
power no where delegated to the Federal Govern
meat, and which by Uniting Legislative and Judi
cial powers to those of Executive, subverts the
general principles of free government, as well as
the organisation ant positive piovtsious of the
Federal Constitution; and the other of which Acts
exeterses in like manner, a power not delegated by
the Constitution, but, on the contrary, expressly
and positively fu: bidden by one of the am •ndmeuli
thereto—a power which, more than any other,
ought to produce universal alarm, because it is
levelled against the right of freely examining pub
lie characters and measures aud of free communi
cation among the people, therooa, winch has evci
been justly deemed the only effectual guardisiu ol
every other right.
That ties S.at : hav ig, by its Convention which
ratified the Federal Const,lu.ion, expressly de
clared, that, among other essential rights, “th*
liberty of conscience aud of the press cannot bt
cancelled, abridged, trot tamed, or modified, by
any authority of the luted »talcs;" urtd, from ill
extreme an xic-ty to guard these rights from every
passible stuck of sophistry and ambition, having
with other Stare*, recommended an amendment foi
that purpise— which aineiidim nt wax, in due tun*
annexed to Urn Constitution—it would maik s re
pmaebto. in, iiMSteney, and wumnal degeneracy,
it an indifference weft now shown to the neat pal
pabic violation of one ul the rights In us decisive
and secured; and to the extabtxhinent of a piece
dent .vhieh may be fatal to the other.
That the good people of this Oouuuonwealth,
having ever tell, and continuing to feel, the must
sincere affection for their brethren of the othei
Stales, the truest anxiety for establishing and per
petnsting the union of all, and the moel scrupu
lous fidelity to that Constitution, which is th<
pledge of mutual friendship, and the instrument oi
mutual happiness—the General Assembly doll
solemnly appeal to the like disposition in the othei
States, in confidence that they will concur wit!
TERMS FOR AIJVIBTtStNfr
i irUl to toweled at the •»» >
Min of ttoatto* npn to ttoa *tof ■ tow •. *
• aqaar* far the «wt toantoM. and My *«*<!* •
HutK far etch adfatKMal pttMicntk*. A UU r.il
itopouet wilt tontob to tone wto Mtonin bv
the yew.
(T Poetmaatem we atofawtoed » n» a* «"ir
agent*. ami will retain 10 pet MtoU of all money
weeded and tmrawkfed to tt* fa* P*K*» *»■’ * '•
f turn
JOS WORK,
Of all kind*. aurh aa Steamboat KUi, Bill* of La
ding, Porter*, Hondbills; Khenlfa’, Juirtiojt', «:•><!
Countable*' Blank*; Funeral and Cotillon TVVc;*>
Card*, Book and Pamphlet Printing WOTWtod with
neaiaesa and dispatch, at moderate price* fat to*! .
tb« CcnomKri.-alth in declaring, aa It doe* hereby
deel *V aeta afamaid arewMMtoiifiW/.
*» meatur*.* will
*
K
ma
lib*
the
1
of
(ho
a n
tbr
ni*
tlM
a;- Ur»r<*R **4 itot a ■
v > f tb1- latc-f! at *b«
iOHN‘ STR1» >«
«*>■ • it*h~ Agnmi b* t. tin
ft Bill >■ >;
gy • isr1 topueitod.
■ '* ttrvw A id
Ao»-|*r
Ourselves alone to aid and pleas*
To each a daily task is given,
A labor which shall fit for heaven :
When duty call*, let love grow warm,
A run! the sunshine and the storm,
With Paith life’s trial* boldly breast.
And come a conqueror to thy rest;
Bear on, bear bravely ou.
81PIIEIE I'ttl'RT W THE CMTKD ST*Tii<.
No. lid.—December Term lSi%
James Trigg, Richard I’ryor and
John W. I’au[« pbuntifa in At error to
error. p*. Supreme c oirl
Thonua S. Drew, as Governor of of tin Sot f
the State of Arkansas, and Arhtnaa*.
successor of Archibald Yell,
deceased.
Mr. Justice McLEAN delivered the opinion of
the court.
This case-is here, under the 26th section of
judiciary act of 1798, from the supreme co ir, of
Arkansas, ou a writ of error.
An action was commenced in the Pula .si i
cuit court, oil certain bonds given by the point Is
in error to Archibald Yell governor of the -it;;
Arkansas, and his successor* in office, to j*ay eer
tam sums of mouey at the tunc specified, win ii
bonds were negotiable at the principal hank of
the State of Arkansas, and to be paid " in *p
or its eijnivalciii, ike.," in paymeul lor e« ft mi
tracts of land, aold by the governor urid* r a : .v
of the State as a part of the seminary lamia #iv. n
by Cougreaa for the aupporl of a seminary, un ■ t
certain acts of Congress.
A plea was filed setting up m defem e a b o r
of the notes of the slate bank of Arkansas, ,iod
that iu the charier of said bank the slat*- Imu ,d
itself to receive said notes in payment of d*-b .
ate. t
A judgment was finally entered against vite <1*
f- ndauts below, for ten thouaaud seven !i me d
and nine dollars and ten cents and costs. That
judgment was taken to the supreme court of tb
State of Arkansas, and was there affirmed.
A* this case is similar in principle to tic a bo
case of Pa up el al it is unnecessary to rep-, at tii
reasons assigned in that case for the judgment of
the o*»uit. The judgment of the State coutt is af
fitmt-d.
laseuaily «f FirUiai Tkicm.
Two well drewed persons stopped on Tue-day
evemug between gme and ten o'clock belote t..c
shop of s grocer named Croton, Rue de Morin an -.
at Hercy, and barst into loud laughter
1 1 tell you that I will do it;’ said tun .
‘I'll bet you five francs you do not/ said Use
other.
‘ Done, I take the !>et.’
* Both then entered rhe shop.
‘ Do you sell treacle T said the first.
’ Yes, gentlemen,’ said the grocer.
‘ Give me two pounds of it’
* Have you any vessel to put it in V
‘ No; but put it in here.’
‘ W hat ! in your fiat ’,
■ Pour K in; it’s tor a wager.’
The grocer took the hat, placed it in the * ale,
and much amused al the idea, poured into tw o
pound* weight of treacle.
‘ There'* the money,' said the pure Kan-1, and bo
threw down a five franc piece.
The grocer began to count tne change, when
the loan aard.
'Pardon me, an. but wear treacle has a queer
’ It's very good I assure you.’
* No, smell
The grocer put dowu his head to the bat, nod
at the same momed’, the customer by a rapid more
ment, thrust the man * head into the haf, und as
the grocer instinctively raiacd his head, the cuius
iner knot-k«l the hat over his eye*.—The -jibe
man then plunged hw hand u»to the tit), and
mnaod a handful of —ey, shout thuty trao-s
Both got clear ot hefnse the unfortunate grocer
could give the *
V
trio the street* of Leicester one day. Dean
Swift was accosted by a drunken weave*; who stag
genju against his reverence; Mud i
“ I have been. *pmanw; it out.'1
“Yss” said the darn "I see you hove, and now
you are reeling it fiama,”